Texas 2025 - 89th Regular

Texas House Bill HB577 Compare Versions

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11 89R2479 CS-D
22 By: Bucy H.B. No. 577
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the notice period for certain evictions.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 24.005, Property Code, is amended by
1212 amending Subsections (a) and (b) and adding Subsection (b-1) to
1313 read as follows:
1414 (a) Except as otherwise provided by Subsection (b-1), if
1515 [If] the occupant is a tenant under a written lease or oral rental
1616 agreement, the landlord must give a tenant who defaults or holds
1717 over beyond the end of the rental term or renewal period at least 14
1818 [three] days' written notice to vacate the premises before the
1919 landlord files a forcible detainer suit, unless the parties have
2020 contracted for a shorter or longer notice period in a written lease
2121 or agreement. A landlord who files a forcible detainer suit on
2222 grounds that the tenant is holding over beyond the end of the rental
2323 term or renewal period must also comply with the tenancy
2424 termination requirements of Section 91.001.
2525 (b) Except as otherwise provided by Subsection (b-1), if
2626 [If] the occupant is a tenant at will or by sufferance, the landlord
2727 must give the tenant at least 14 [three] days' written notice to
2828 vacate before the landlord files a forcible detainer suit unless
2929 the parties have contracted for a shorter or longer notice period in
3030 a written lease or agreement. If a building is purchased at a tax
3131 foreclosure sale or a trustee's foreclosure sale under a lien
3232 superior to the tenant's lease and the tenant timely pays rent and
3333 is not otherwise in default under the tenant's lease after
3434 foreclosure, the purchaser must give a residential tenant of the
3535 building at least 30 days' written notice to vacate if the purchaser
3636 chooses not to continue the lease. The tenant is considered to
3737 timely pay the rent under this subsection if, during the month of
3838 the foreclosure sale, the tenant pays the rent for that month to the
3939 landlord before receiving any notice that a foreclosure sale is
4040 scheduled during the month or pays the rent for that month to the
4141 foreclosing lienholder or the purchaser at foreclosure not later
4242 than the fifth day after the date of receipt of a written notice of
4343 the name and address of the purchaser that requests payment. Before
4444 a foreclosure sale, a foreclosing lienholder may give written
4545 notice to a tenant stating that a foreclosure notice has been given
4646 to the landlord or owner of the property and specifying the date of
4747 the foreclosure.
4848 (b-1) Notwithstanding Subsections (a) and (b), if the
4949 landlord terminates the lease as provided by Section 91.003, the
5050 landlord may file a forcible detainer suit on or after the third day
5151 after the date the landlord gives notice to a tenant under a written
5252 lease or oral rental agreement or at will or by sufferance.
5353 SECTION 2. The changes in law made by this Act apply only to
5454 an eviction suit in which the notice to vacate is given on or after
5555 the effective date of this Act. An eviction suit in which the notice
5656 to vacate is given before the effective date of this Act is governed
5757 by the law as it existed immediately before the effective date of
5858 this Act, and that law is continued in effect for that purpose.
5959 SECTION 3. This Act takes effect September 1, 2025.